Monday, 20 September, was to have been the start of a re-trial for Josue
Carillo-Perez on the charge of murdering Martin Gareau in May 2008. However,
Attorney Anthony Akiwumi advised Justice Algernon Smith on Friday that he had
received permission to apply for leave to appeal to Privy Council.
The appeal is against the March 2010 order of the Cayman Islands Court
of Appeal for a re-trial after the Crown appealed his acquittal. Perez elected
trial by judge alone and was found not guilty in October 2009.
The higher court ruled that Justice Roy Anderson had misdirected himself
as to the standard of proof in cases of murder.
Justice Anderson had described as plausible a theory of how “this vile
act” was committed. He then continued: “Plausibility, however, is not an
adequate basis for a criminal conviction and certainly the standard is enhanced
when the charge is one of murder.”
The Court of Appeal stated, “There is only one standard of proof —
proof beyond reasonable doubt — in criminal trials.” The court found the Grand
Court judge was wrong in law in the direction he gave himself on the standard
Mr. Akiwumi had argued that the judge was only reinforcing what he had already
said correctly several times.
On Friday he told the court that while the Privy Council would hear the
application in October, he did not know if its decision would be given then or
later. He therefore suggested that the matter be mentioned again on 26 November
and Crown Counsel Jenesha Simpson agreed.
Perez was released from prison after his acquittal but was placed back
in custody after the Court of Appeal decision.